Head note

This article reflects on the implementation of the UCP Directive in the UK. It outlines the pre-Directive regime for regulating advertising and marketing in the UK, focusing on the criminal sanctions contained in the Trade Descriptions Act 1968. It notes some key principles of the UCP Directive, including the general duty to trade fairly and the definition of the average consumer. It also describes the simplification of UK law resulting from the UCP Directive's maximal harmonisation requirement. Finally, it considers enforcement under the new regime, anticipating greater use of civil injunctions.